Child Care and Early Years Act, 2014
ONTARIO REGULATION 138/15
FUNDING, COST SHARING AND FINANCIAL ASSISTANCE
Historical version for the period June 16, 2016 to August 28, 2016.
Last amendment: O. Reg. 226/16.
This is the English version of a bilingual regulation.
CONTENTS
General1. / Interpretation
2. / Service areas
Funding Agreements with First Nations
3. / Agreements with First Nations
4. / Computation of provincial grant
5. / Amount for First Nation
Cost Sharing
6. / Services
7. / Funding and cost sharing arrangements
Financial Assistance for Parents
8. / Eligibility for assistance
9. / Application for assistance
10. / Amount of subsidy
11. / Reductions in adjusted income
12. / Changes to amount of financial assistance
Apportionment of Costs Among Municipalities
13. / Apportionment
14. / Agreement
15. / District social services administration board
16. / Initial arbitrations
17. / New arbitration
18. / Termination of agreement
19. / Multiple arbitrations
20. / Transition, agreements and arbitrations under the Day Nurseries Act
Funding for Capital Projects
21. / Funds provided pursuant to funding agreements
22. / Application for funds
23. / Payments for building project
24. / Restrictions re use of funds
25. / Capital expenditures
26. / Inventory
27. / Condition of a capital grant
Transition and Commencement
28. / Transition
General
Interpretation
1.(1)In this Regulation,
“actual cost” means the cost of a building project and includes,
(a) fees payable for the services of an architect, professional engineer or other consultant,
(b) the cost of purchasing and installing furnishings and equipment,
(c) the cost of land surveys, soil tests, permits, licences and legal fees,
(d) the cost of paving, sodding and landscaping, and
(e) the cost of acquiring the land necessary for the building project; (“coût réel”)
“adjusted income” means adjusted income as defined in section 122.6 of the Income Tax Act (Canada); (“revenu modifié”)
“approved cost” means that portion of the actual cost of a building project approved by the Minister; (“coût approuvé”)
“architect” means an architect who is a member in good standing of the Ontario Association of Architects; (“architecte”)
“building project” means a project composed of one or more of the following elements:
1. The purchase or other acquisition of all or any part of an existing building or buildings including the land contiguous to the building.
2. Any renovations or alterations to an existing building or buildings.
3. Additions to an existing building or buildings.
4. The purchase or other acquisition of vacant land for the purpose of constructing a building or buildings on it.
5. The erection of a new building or any part of a building.
6. The demolition of a building.
7. The installation of public utilities, sewers and items or services necessary for access to the land or building or buildings; (“projet de construction”)
“children’s recreation program” means a program operated by a children’s recreation service provider listed in the Schedule to Regulation 797 of the Revised Regulations of Ontario, 1990 (Recreation Programs) made under the Ministry of Tourism and Recreation Act; (“programme de loisirs pour les enfants”)
Note: On August 29, 2016, the definition of “children’s recreation program” in subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 127/16, s. 1 (1))
“children’s recreation program” means,
(a) a program operated by a children’s recreation service provider listed in the Schedule to Regulation 797 of the Revised Regulations of Ontario, 1990 (Recreation Programs) made under the Ministry of Tourism and Recreation Act, or
(b) a program that meets the description set out in subsection 6 (4) of the Act; (“programme de loisirs pour les enfants”)
“child with special needs” means a child whose cognitive, physical, social, emotional or communicative needs, or whose needs relating to overall development, are of such a nature that additional supports are required for the child; (“enfant ayant des besoins particuliers”)
Note: On August 29, 2016, subsection 1 (1) of the Regulation is amended by adding the following definition: (See: O. Reg. 127/16, s. 1 (2))
“family support program” has the same meaning as in Ontario Regulation 137/15 (General) made under the Act; (“programme de soutien à la famille”)
“municipalities’ shared costs”, with respect to a service area, means that part of the costs shared by the Minister and service system managers with respect to services described in subsection 6 (1) that are incurred or to be incurred under this Regulation by all of the municipalities located in the service area; (“coûts partagés des municipalités”)
“net cost” means operating cost less revenue from fees; (“frais nets”)
“operating cost” means the gross expenditure, including administrative costs, reasonable and necessary for providing child care at a child care centre, home child care or a children’s recreation program described in paragraph 8 of subsection 6 (1), less income other than revenue from fees; (“frais d’exploitation”)
Note: On August 29, 2016, the definition of “operating cost” in subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 127/16, s. 1 (3))
“operating cost” means the gross expenditure and includes,
(a) administrative costs,
(b) expenditures reasonable and necessary for providing child care at a child care centre, home child care or a children’s recreation program described in paragraph 8 of subsection 6 (1), less income other than revenue from fees, and
(c) expenditures reasonable and necessary for providing a family support program described in paragraph 9 of subsection 6 (1); (“frais d’exploitation”)
“professional engineer” means a professional engineer who is a member in good standing of the Association of Professional Engineers of the Province of Ontario; (“ingénieur”)
“provider enhancement grant” means a grant for persons providing home child care; (“subvention d’aide aux fournisseurs”)
“wage subsidy” means a subsidy for the enhancement of,
(a) payments to home child care providers by home child care agencies; and
(b) salaries and benefits for employees of child care centres, home child care agencies, resource centres described in paragraph 3 of subsection 6 (1) and agencies that provide staff, equipment, supplies or services for the purposes of paragraph 4 of subsection 6 (1). (“subvention salariale”)
(2)For greater certainty, a children’s recreation program shall be considered to be a program described in paragraph 7 of subsection 4 (1) of the Act only if it meets the requirements of that provision.
Service areas
2.The geographic areas, as constituted from time to time, of the municipalities and district social services administration boards set out in Column1 of the Table are designated as service areas and the entity set out opposite each service area in Column 2 of the Table is designated as the service system manager for that service area.
TABLE
Item / Column 1Service areas / Column 2
Service system manager
1. / County of Dufferin / County of Dufferin
2. / Regional Municipality of Halton / Regional Municipality of Halton
3. / County of Lennox and Addington and County of Prince Edward / County of Lennox and Addington
4. / District Municipality of Muskoka / District Municipality of Muskoka
5. / City of Ottawa / City of Ottawa
6. / County of Renfrew, including the City of Pembroke / County of Renfrew
7. / The district for the Algoma District Services Administration Board, as described in Ontario Regulation 278/98 (General) made under the District Social Services Administration Boards Act / Algoma District Services Administration Board
8. / City of Hamilton / City of Hamilton
9. / County of Lanark and Town of Smiths Falls / County of Lanark
10. / The district for the District of Parry Sound Social Services Administration Board, as described in Ontario Regulation 278/98 / District of Parry Sound Social Services Administration Board
11. / County of Peterborough and City of Peterborough / City of Peterborough
12. / County of Simcoe, City of Barrie and City of Orillia / County of Simcoe
13. / City of Toronto / City of Toronto
14. / Regional Municipality of York / Regional Municipality of York
15. / County of Brant and City of Brantford / City of Brantford
16. / County of Bruce / County of Bruce
17. / Municipality of Chatham-Kent / Municipality of Chatham-Kent
18. / City of Cornwall and United Counties of Stormont, Dundas and Glengarry / City of Cornwall
19. / County of Grey / County of Grey
20. / County of Lambton / County of Lambton
21. / Regional Municipality of Niagara / Regional Municipality of Niagara
22. / County of Northumberland / County of Northumberland
23. / County of Oxford / County of Oxford
24. / United Counties of Prescott and Russell / United Counties of Prescott and Russell
25. / City of Greater Sudbury / City of Greater Sudbury
26. / Regional Municipality of Durham / Regional Municipality of Durham
27. / Norfolk County and Haldimand County / Norfolk County
28. / County of Hastings, City of Belleville and City of Quinte West / County of Hastings
29. / County of Huron / County of Huron
30. / City of Kingston and the service area of the Frontenac Management Board, as set out in paragraph 3.3 (b) of an Order made under section 25.2 of the Municipal Act on January 7, 1997 and published in The Ontario Gazette dated February 15, 1997 / City of Kingston
31. / United Counties of Leeds and Grenville, City of Brockville, Town of Gananoque and Town of Prescott / United Counties of Leeds and Grenville
32. / City of London and County of Middlesex / City of London
33. / Regional Municipality of Peel / Regional Municipality of Peel
34. / County of Perth, City of Stratford and Town of St. Marys / City of Stratford
35. / City of St. Thomas and County of Elgin / City of St. Thomas
36. / City of Kawartha Lakes and County of Haliburton / City of Kawartha Lakes
37. / Regional Municipality of Waterloo / Regional Municipality of Waterloo
38. / County of Wellington and City of Guelph / County of Wellington
39. / City of Windsor, County of Essex and Township of Pelee / City of Windsor
40. / The district for the District of Cochrane Social Services Administration Board, as described in Ontario Regulation 278/98 / District of Cochrane Social Services Administration Board
41. / The district for the Kenora District Services Board, as described in Ontario Regulation 278/98 / Kenora District Services Board
42. / The district for the District of Nipissing Social Services Administration Board, as described in Ontario Regulation 278/98 / District of Nipissing Social Services Administration Board
43. / The district for the Rainy River District Social Services Administration Board, as described in Ontario Regulation 278/98 / Rainy River District Social Services Administration Board
44. / The district for the District of Sault Ste. Marie Social Services Administration Board, as described in Ontario Regulation 278/98 / District of Sault Ste. Marie Social Services Administration Board
45. / The district for the Manitoulin-Sudbury District Services Board, as described in Ontario Regulation 278/98 / Manitoulin-Sudbury District Services Board
46. / The district for the District of Thunder Bay Social Services Administration Board, as described in Ontario Regulation 278/98 / District of Thunder Bay Social Services Administration Board
47. / The district for the District of Timiskaming Social Services Administration Board, as described in Ontario Regulation 278/98 / District of Timiskaming Social Services Administration Board
Funding Agreements with First Nations
Agreements with First Nations
3.For the purposes of subsection 54 (3) of the Act, a First Nation is prescribed as a person with whom the Minister may enter into agreements under subsection 54 (1) of the Act.
Computation of provincial grant
4.(1)Every First Nation claiming payment of funds under clause 54 (1) (a) of the Act pursuant to a funding agreement entered into under subsection 54 (3) of the Act shall, annually before a date fixed by a director in each year, prepare and submit to a director, on a form approved by the Minister, an estimate of the costs and revenue and of the amount the Minister is to pay for the next fiscal year.
(2)A First Nation may at any time during the fiscal year after the estimate has been approved by a director submit an amendment to the estimate for the fiscal year.
(3)The director may approve the amount of any estimate or amendment to it submitted under subsection (1) or (2) or the director may vary the amount of the estimate or the amendment and approve the amount as varied.
(4)Subject to subsection (5), an amount payable to a First Nation shall be calculated in accordance with section 5 but the total amount payable shall not exceed the total amount of the estimate as finally approved by a director.
(5)An amount paid under section 5 for a fiscal year may be adjusted upon receipt of the financial records of a First Nation referred to in section 76 of Ontario Regulation 137/15 (General) made under the Act.
(6)The amount of an adjustment referred to in subsection (5) shall either be paid to the First Nation by Ontario or refunded by the First Nation to Ontario, as the case may be.